Durban - EMBATTLED eThekwini city manager Sipho Nzuza on Tuesday filed an application for special leave after the Durban Commercial Crimes Court decision on Monday to amend his bail conditions.
In the letter, which the Daily News has seen, Nzuza was further threatening to “pursue” the matter of “irresponsible” media reporting.
The amendment now stops Nzuza from involving himself with disciplinary processes completely until this condition is reviewed by the county on December 10.
“The Accused (Mr Sipho Nzuza) shall, notwithstanding the provisions of Sections 78, 79 (1)(c), 79 (3) (e) and 79 (4) of the Municipal Finance Management Act 56 of 2003 and the Municipal Supply Chain Management Regulations (of 30 May 2005), in particular Regulation 5, not participate directly or indirectly in any or all supply chain management processes irrespective of the amount of the tender award value of the tender concerned,” read the amendments.
In his application for special leave with immediate effect, addressed to mayor Mxolisi Kaunda yesterday, Nzuza cited the amendments as the basis for his application for special leave.
“The amended conditions are the basis for my application for special leave to the extent that they have significantly altered the original conditions, with serious implications for the municipality and myself. I and the municipality are being placed in a conflict of laws situation which requires appropriate action,” Nzuza wrote.
“Pragmatism is called into service and I (ask to) be granted special leave pending December 10, 2020, when the court will review the condition. The consequences of this will be (a) enabling the municipality to appoint an accounting officer who will have full power to act; (b) the consequences of unauthorised delegation are eliminated; (c) my personal freedom is not unduly detained; and (d) the municipality is not implicated in either permitting unauthorised conduct or permitting defiance of the courts, merits aside. To the extent that you may require time to process this application, I propose that I be allowed leave from my leave days with immediate effect until Friday in order that the special leave application can be considered. As for the irresponsible media reporting, I will be pursuing this matter in due course as, at some point, a lesson has to be learned,” he said.
City spokesperson Msawakhe Mayisela said this was a mayoral issue.
Mayoral spokesperson Mluleki Mntungwa could not be reached for comment.
Nzuza was placed on special leave after his initial arrest and only returned to active duty on September 28.
He was re-arrested on Monday for allegedly breaching his bail conditions.
Daily News